THE CYBERCRIMES ACT, 2015 - RSF

1 ISSN 0856 - 0331X THE UNITED REPUBLIC OF TANZANIA ACT SUPPLEMENT No. 14 22nd May, 2015 to the Gazette of the United Republic of Tanzania No. 22 Vol. 96 dated 22nd May, 2015 Printed by the Government Printer, Dar es Salaam by Order of Government THE CYBERCRIMES ACT, 2015 ARRANGEMENT OF SECTIONS Section Title PART I PRELIMINARY PROVISIONS 1. Short Title and commencement. 2. Application. 3. Interpretation. PART II PROVISIONS RELATING TO OFFENCES AND PENALTIES 4. Illegal Access. 5. Illegal remaining. 6. Illegal interception. 7. Illegal data interference. 8. Data espionage. 9. Illegal system interference. 10. Illegal device. 11. Computer related forgery. 12. Computer related fraud. 13. Child pornography. 14. Pornography. 15. Identity related crimes. 16. Publication of false information. 2 CYBERCRIMES 2015 17.

2 Racist and xenophobic material. 18. Racist and xenophobic motivated insult. 19. Genocide and crimes against humanity. 20. Unsolicited messages. 21. Disclosure of details of an investigation. 22. Obstruction of investigation. 23. cyber bullying. 24. Violation of intellectual property rights. 25. Principal offenders. 26. Attempt. 27. Conspiracy to commit offence. 28. Protection of critical information infrastructure. 29. Offences relating to critical information infrastructure. PART III JURISDICTION 30. Jurisdiction. PART IV SEARCH AND SEIZURE 31. Search and Seizure. 32. Disclosure of data. 33. Expedited preservation. 34. Disclosure and collection of traffic data. 35. Disclosure and collection of content data. 36. Court order. 37. Use of forensic tool. 38. Hearing of application. PART V LIABILITY OF SERVICE PROVIDERS 39. No monitoring obligation. CYBERCRIMES 2015 3 40. Access provider. 41. Hosting provider.

3 42. Caching provider. 43. Hyperlink provider. 44. Search engine provider. 45. Take-down notification. 46. Other obligations not affected. PART VI GENERAL PROVISIONS 47. Immunity. 48. Forfeiture of property. 49. Offences by body corporate. 50. Compounding of offences. 51. Powers to make regulations. 4 CYBERCRIMES 2015 PART VII CONSEQUENTIAL AMENDMENTS (a) Amendment of the Electronic and Postal Communications Act of 2010. 52. Construction. 53. Amendment of section 124. (b) Amendment of the Penal Code, 54. Construction. 55. Amendment of section 109. (c) Amendment of Anti-Money Laundering, 56. Construction 57. Amendment of section 3. (d) Amendment of the Extradition Act, 58. Construction 59. Amendment of the Schedule. CYBERCRIMES 2015 5 THE UNITED REPUBLIC OF TANZANIA OF 2015 I ASSENT, JAKAYA MRISHO KIKWETE President 25th April, 2015 An Act to make provisions for criminalizing offences related to computer systems and Information Communication Technologies; to provide for investigation, collection, and use of electronic evidence and for matters related therewith.

4 [..] ENACTED by Parliament of the United Republic of Tanzania. PART I PRELIMINARY PROVISIONS Short title and commencement 1. This Act may be cited as the CYBERCRIMES Act, 2015 and shall come into operation on such date as the Minister may, by Notice published in the Gazette, appoint. Application 2. Save for section 50, this Act shall apply to Mainland Tanzania as well as Tanzania Zanzibar. 6 CYBERCRIMES 2015 Interpretation 3. In this Act, unless the context otherwise requires- access in relation to any computer system, means entry to, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any of the resources of the computer system or network or data storage medium; access provider means a person who provides electronic data transmission service by transmitting information provided by or to a user of the service in a communication network or providing access to a communication network; caching provider means a person who provides an electronic data transmission service by automatic, intermediate or temporary storing information, for the purpose of making more efficient the information's onward transmission to other users of the service upon their request; child means a person below the age of eighteen years.

5 Child pornography means pornographic material that depicts presents or represents: (a) a child engaged in a sexually explicit conduct; (b) a person appearing to be a child engaged in a sexually explicit conduct; or (c) an image representing a child engaged in a sexually explicit conduct; computer system means a device or combination of devices, including network, input and output devices capable of being used in conjunction with external files which contain computer programmes, electronic instructions, input data and output data that perform logic, arithmetic data storage and retrieval communication control and other functions; CYBERCRIMES 2015 7 computer data means any representation of facts, concepts, information or instructions, in a form suitable for processing in a computer system, including a program suitable to cause a computer system to perform a function; "data storage medium" means any device, article or material from which computer data or information is capable of being stored or reproduced, with or without the aid of any other device or material; device includes- (a) a computer program, code, software or application; (b) component of computer system such as graphic card, memory card, chip or processor; (c) computer storage component; (d) input and output devices.

6 Electronic communication means any transfer of a sign, signal or computer data of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic, photo optical system or in any other similar form; forensic tool means an investigative tool or device including software or hardware installed on or in relation to a computer system or part of a computer system and used to perform tasks which includes keystroke logging or collection of investigation information about a use of a computer or computer system; hinder in relation to a computer system includes - (a) causing electromagnetic interference to a computer system; (b) corrupting a computer system by any means; or 8 CYBERCRIMES 2015 (c) inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data; hosting provider means a person who provides an electronic data transmission service by storing information provided by a user of the service; hyperlink means a symbol, word, phrase, sentence or image that contains path to another source that points to and causes to display another document when executed; "intellectual property rights" means the rights accrued or related to copyright, patent, trade mark and any other related matters; interception in relation to a function of computer, includes acquiring, viewing, listening or recording any computer data communication through any other means of electronic or other means, during transmission through the use of any technical device.

7 Law enforcement officer means a police officer of the rank of Assistant Inspector or above or an investigator of equivalent rank of inspector and above, member of Tanzania Intelligence Service, prosecutor, or any authorized officer of the authority responsible for regulation of communication or any other person authorised in any written law; Minister means the Minister for the time being responsible for Information and Communication Technology; publish means distributing, transmitting, disseminating, circulating, delivering, exhibit, exchanging, barter, printing, copying, selling or offering for sale, letting on hire or offering to let on hire, offering in any other way, or making available in any way; CYBERCRIMES 2015 9 "property" means property of any kind, whether movable or immovable, tangible or intangible, and includes- (a) any currency either as a legal tender in the United Republic of Tanzania or not; (b) information, including an electronically produced program or data or copy thereof, human or computer-readable data; or (c) any right or interest in property; racist and xenophobic material means any material which advocates, promotes or incites hatred, discrimination or violence , against any person or group of persons based on race, colour, descent, national or ethnic origin or religion; service provider means a person or party that makes information system services available to third parties.

8 PART II PROVISIONS RELATING TO OFFENCES AND PENALTIES Illegal access (1) A person shall not intentionally and unlawfully access or cause a computer system to be accessed. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine of not less than three million shillings or three times the value of the undue advantage received, whichever is greater or to imprisonment for a term of not less than one year or to both. Illegal remaining (1) A person shall not intentionally and unlawfully, remain in a computer system or continue to use a computer system after the expiration of time which he 10 CYBERCRIMES 2015 was allowed to access the computer system. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction to a fine of not less than one million shillings or to imprisonment for a term of not less than one year or to both.

9 Illegal interception (1) A person shall not intentionally and unlawfully- (a) intercept by technical means or by any other means- (i) a non-public transmission to, from or within a computer system; (ii) a non-public electromagnetic emission from a computer system; (iii) a non-public computer system that is connected to another computer system; or (b) circumvent the protection measures implemented to prevent access to the content of non-public transmission. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine of not less than five million shillings or to imprisonment for a term of not less than one year or to both. Illegal data interference (1) A person who intentionally and unlawfully- (a) damages or deteriorates computer data; (b) deletes computer data; (c) alters computer data; (d) renders computer data meaningless, useless or ineffective; (e) obstructs, interrupts or interferes with the lawful CYBERCRIMES 2015 11 use of computer data; (f) obstructs, interrupts or interferes with any person in the lawful use of computer data; or (g) denies access to computer data to any person authorized to access it, commits an offence and is liable on conviction, to a fine of not less than ten million shillings or three times the value of undue advantage received, whichever is greater, or to imprisonment for a term of not less than three years or to both.

10 (2) A person who - (a) communicates, discloses or transmits any computer data, program, access code or command to an unauthorized person; (b) internationally and unlawfully receives unauthorised computer data, commits an offence and is liable on conviction, to a fine of not less than two million shillings or three times the value of the undue advantage received, whichever is greater, or to imprisonment for a term of not less than one year or to both. (3) A person who intentionally and unlawfully destroys or alters any computer data, where such data is required to be maintained by law or is an evidence in any proceeding under this Act by- (a) mutilating, removing or modifying the data, program or any other form of information existing within or outside a computer system; (b) activating, installing or downloading a program that is designed to mutilate, remove or modify data, program or any other form of information existing within or outside a computer system.